How will a DWI affect your Concealed Handgun License by Bo Kalabus

Fallout from a DWI charge can impact a person’s life in many different ways and may take many different forms. Usually action will be taken against the person’s driver’s license, or the arrest or charging of the DWI offense may cause action to be taken against a person’s professional license such as a pilot, or a doctor.

Let’s say a person is charged with a DWI, it’s their first DWI and the person currently holds a Concealed Handgun License (CHL)–will anything happen to the CHL? The short answer is Yes. According to the Government Code, Section 411.187(a):

“The department shall suspend a license under this section if the license holder:

(1) is charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment”

With a DWI first offense being a Class B misdemeanor it is clear from the Government Code above that the CHL will be suspended.

Cana person renew the CHL following the resolution of their DWI case? Of course, the answer depends on the facts of each case and how the case was resolved. As we discussed earlier, a DWI (first offense) is a Class B misdemeanor, and a person is not eligible for a CHL for five years after a conviction for a Class A or Class B misdemeanor or for the offense of disorderly conduct. A “conviction” includes cases that were dismissed after the person completed probation or deferred adjudication. If a person has been convicted of two or more alcohol or drug-related misdemeanor offenses within the last 10 years, that person may not be eligible for renewal of the CHL.

Of course the facts surrounding each case are different and you should consult a lawyer to make sure your rights are protected.

Bo Kalabus

Bo began his legal career as a civil litigator and specialized in defending personal injury cases. After several years in civil practice, Bo turned his focus to starting his own law firm and developing a criminal defense practice to complement his experience on the civil docket. On September 4, 2010 the Kalabus Law Firm was proud to announce its affiliation with Rosenthal & Wadas L.L.P.